VidhiSangh

Supreme Court of India · 03/02/2022

UNION OF INDIA versus KRISHNA MODI & ANR.

[2022] 1 S.C.R. 638 · 2022 INSC 144

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

The High Court directed freedom-fighter pension under the Central Government’s scheme on a claim of underground suffering. The Court reversed that relief because the prescribed eligibility and evidentiary requirements were not established. School absence did not prove underground participation, the supporting certifiers were themselves imprisoned during the relevant period, and the State had forwarded rather than recommended the claim. A State pension under another scheme did not establish Central-scheme entitlement.

Issues

  1. Whether the evidence and State communication fulfilled the Central scheme’s requirements for pension based on underground suffering.
  2. Whether a State-scheme pension or sympathy could substitute for those requirements.

Held

Result

Union’s appeal allowed; High Court judgments granting Central-scheme pension and interest set aside. No costs.

Judgment PDF: Supreme Court of India, [2022] 1 S.C.R. 638.